Delaware Criminal Records

Delaware criminal records, also called "criminal history reports, "provide pertinent information about individuals' interaction with the state's judicial system and law enforcement agencies. They simply provide an overview of an individual's criminal history in the state. Generally, a criminal record reveals any felonies, misdemeanors, past arrest information, charges (including current, pending, acquitted, and dismissed), and warrants an individual has incurred over the years due to criminal offenses they may have committed.

In Delaware, the state police serves as the central repository for criminal records. Hence, certified criminal history reports can be obtained through the Delaware state police. There are several reasons criminal records may be requested or reviewed, including for law enforcement purposes, voter registration, employment screening, school admittance, and weapons or firearms purchase screening. Due to the type of information criminal records contain, they can be used to make informed decisions about individuals.

Are Criminal Records Public in Delaware?

No. Under Delaware Freedom of Information Law (DFIL), public disclosure of criminal records and files would constitute an invasion of the record subject's personal privacy. Hence, Delaware criminal records are publicly inaccessible. However, an eligible inquirer may request and obtain a copy of their criminal records upon providing valid proof of identity. The DFIL also permits custodians of criminal records to delete certain information in criminal records before releasing them. These include witnesses' names, intelligence personnel information, and other privileged or confidential information.

Delaware Crime Records by County

Terms like "crime data" and "Delaware crime records" refer to statistical analyses that provide an overview of the crimes and offenses law enforcement agencies have reported within their jurisdiction during a given period. Law enforcement agencies utilize these data to spot possible trends in crime and allocate resources to counter those trends efficiently.

Most law enforcement and relevant government agencies in Delaware publish crime data they generate or are reported to them on their official websites. Depending on the agency, these crime data may be compiled and released daily, weekly, monthly, or yearly as reports or interactive online tools. These websites are usually accessible to the public, and different types of crimes, such as arson, DUIs, frauds, robbery, theft, and vehicle break-ins and thefts, are usually reported on them. However, other types of crimes, such as sex crimes, drug offenses, and domestic-related crimes, may be omitted from these crime data due to their sensitive nature to protect victims and future investigations.

The State of Delaware Statistical Analysis Center (SAC) provides public access to the state's crime data through its Crime in Delaware quadrennial crime publications series. The SAC uses crime data obtained from various law enforcement agencies in Delaware to compile these series.

Interested persons can query local law enforcement agencies for municipality or county-level crime data. In most cases, these agencies publish crime data they generate on their websites as interactive tools, usually crime maps. For instance, interested persons can view New Castle County county crime data through the crime map tool the New Castle County Police Department provides. Most municipal police departments in New Castle and other Delaware counties also provide "crime maps" for their respective jurisdictions. Examples include the Newark Police Department crime map and the Dover Police Department crime map. Meanwhile, the Wilmington police department provides a crime map and weekly CompStat records.

Delaware Criminal Record Check

In Delaware, interested persons can request their certified Delaware criminal history report from the Delaware State Police (DSP) using their fingerprints. The DPS no longer uses the *criminal background check authorization form. *Fingerprinting is now completed through a third-party service provider, IdentoGO. Requesters must schedule a fingerprint enrollment appointment using unique service codes. Steps on how to schedule a fingerprint enrollment appointment are outlined on the DPS's personal criminal history page.

Note that service codes vary based on the intended use of the criminal history report. The service code for criminal history reports requested for personal use is 27RVGT. In cases where an agency requires an individual criminal history report for licensing or employment purposes, they would provide the individual a service code. Some service codes used by the Delaware Division of Professional Regulation for specific professional licenses are provided on the division's criminal background check process page.

After a fingerprint enrollment appointment has been scheduled successfully, the requester will be assigned an enrollment center and must bring specific forms of identification to the center on the appointment date and time. These forms of identification are required to complete the enrollment process. Accepted forms of identification are outlined on the DPS's personal criminal history page. Note that there is a $72.00 fee for a certified State of Delaware Criminal History report. Meanwhile, a certified State of Delaware and federal Criminal History report fee is $85.

Requesters would be notified and receive their results through the email address they supplied during the fingerprint appointment scheduling process after completing the fingerprint enrollment process and paying the necessary cost.

Find Criminal Records Online in Delaware

Due to the confidential nature of Delaware criminal records, these records are generally unavailable online. However, some processes for requesting a certified Delaware criminal history report can be done online. Specifically, scheduling a fingerprint enrollment appointment through the third-party service provider's website with whom the Delaware State Police (DSP) collaborates.

Free Criminal Record Search in Delaware

Individuals can only conduct a free criminal record search in Delaware through certain third-party websites, in most cases by supplying a subject's name and the search state. Government channels like the Delaware State Police (DSP) charge users a fee when they request their certified Delaware criminal history report. Free Delaware criminal record searches on third-party websites are usually limited to basic searches. Users must typically pay (either per report or a subscription fee) to access detailed reports on a subject.

What Does it Mean if You Have a Criminal Record in Delaware?

In Delaware, having a criminal record can affect different facets of an individual's life. This is particularly true for people with a misdemeanor or felony offense conviction on their criminal records. Delaware has numerous statutes that legally regulate what people with certain criminal records can do. These include and are not limited to;

• Employment: finding employment in certain fields may be difficult. For instance, Delaware Statutes §309 restricts individuals with certain convictions outlined in the statute from being employees, volunteers, or contractors for child-serving entities like schools and child-care providers.
• Family law: If an individual has a conviction on their criminal record, their parental rights may be affected in divorce or child custody issues.
• Licenses: Some convictions indicate an individual's risk in certain professions, especially those involving fiduciary responsibilities, such as real estate, law, and financial occupations. Hence, having certain convictions may make an individual ineligible for certain professional licenses.
• Immigration: some convictions may automatically trigger deportation proceedings or destroy an individual's chances of obtaining U.S. citizenship.

Does Your Criminal Record Clear After 7 Years in Delaware?

Unless a criminal record qualifies for mandatory or discretionary expungement, it can remain in an individual's file indefinitely in Delaware. However, local government agencies in Delaware typically follow a record retention schedule, including the State Bureau of Identification (SBI), which serves as Delaware's central state repository for criminal history record information. These record retention schedules dictate how long an agency maintains records they oversee. For instance, per the Delaware Local Government General Records Retention Schedule (LGPOL-003), SBI can keep an individual's criminal record until death, presumed death (in certain situations), or 30 years passes with no criminal activity.

Arrest Record Vs Criminal Record

Arrest records are official documents that provide information about each instance a specific individual has been arrested following an alleged involvement in a legal offense. These records only contain preliminary information about each arrest, such as the arrestee's offense and basic information. The outcome of an arrest is usually not included in an arrest record. This is what mainly differentiates arrest records from criminal records.

A criminal record is a holistic record that contains an overview of an individual's criminal history. These records provide information about each individual interaction with law enforcement agencies and the judicial system, from their inception to the outcome. Therefore, information about arrests, convictions, and sentences may be included in criminal records where appropriate.

Delaware Police Records

Delaware police records, sometimes called "police reports," are general terms for all official documents held, generated, or used by police agencies due to their official duties. Some common examples of police records include traffic collision (crash) reports, crime reports, D.U.I reports, arrest records, and criminal records.

Most Police records are exempt from the Delaware Freedom of Information Act and are only released upon request from certain eligible persons and entities. For instance, crash and crime reports are only released to parties named in the report. Eligible individuals can obtain police records by querying law enforcement agencies, such as local police departments and county sheriff's offices. Most of these agencies maintain units or departments through which they accept and fulfill eligible requests for police records they maintain. Some examples include the Wilmington Police Department Records Unit, the Georgetown Police Department Records Department, and the Newark Police Department Records Unit.